Case: DeOtte v. Azar

4:18-cv-00825 | U.S. District Court for the Northern District of Texas

Filed Date: Oct. 6, 2018

Closed Date: Aug. 31, 2022

Clearinghouse coding complete

Case Summary

This case is a challenge to the Affordable Care Act's (ACA) contraceptive mandate under the Administrative Procedure Act (APA) and the Religious Freedom Restoration Act (RFRA). On October 6, 2018, four private plaintiffs and a health and wellness center filed this class action lawsuit in U.S. District Court for the Northern District of Texas. The plaintiffs sued the U.S. Secretaries of Health and Human Services, Treasury, and Labor under the RFRA and the APA (42 USC § 2000bb-1(c) and 5 USC § 70…

This case is a challenge to the Affordable Care Act's (ACA) contraceptive mandate under the Administrative Procedure Act (APA) and the Religious Freedom Restoration Act (RFRA).

On October 6, 2018, four private plaintiffs and a health and wellness center filed this class action lawsuit in U.S. District Court for the Northern District of Texas. The plaintiffs sued the U.S. Secretaries of Health and Human Services, Treasury, and Labor under the RFRA and the APA (42 USC § 2000bb-1(c) and 5 USC § 702). Represented by private counsel, the plaintiffs sought class certification, declaratory and injunctive relief, and attorneys' fees. They claimed that the contraceptive mandate imposed a substantial burden on religious exercise without a compelling government interest. The case was assigned to Judge Terry R. Means.

Background

The ACA mandated that group health plans and health insurance issuers cover "preventative care" for women, and allowed the Health Resources and Services Administration to define that term. In 2011, in a rule called the "contraceptive mandate," the Health Resources and Services Administration decided that all FDA-approved contraceptive methods must be covered as "preventative care." Church employers were exempted from the rule, and a religious non-profit with religious objections to contraception could get an exemption as well, though its insurance issuer would then have to directly pay for employees' contraception.

In 2015, after two Supreme Court cases about the contraceptive mandate (Burwell v. Hobby Lobby and Wheaton College v. Burwell), the Obama Administration expanded the exemptions to cover for-profit employers. It also allowed exempted parties to notify either their insurance providers or the Secretary of Health and Human Services, as employers had previously argued that having to directly notify insurance providers of the exemption made them complicit in the provision of contraception.

In 2017, the Trump Administration changed the mandate so that when an employer was exempt, the insurance issuer did not have to pay for contraception. It also removed any notification requirement, and let individuals choose insurance that did not cover contraception if they objected on religious grounds. The Administration also expanded the exemptions to moral (non-religious) objections. However, all of these changes were later enjoined nationwide in Pennsylvania v. Trump and California v. Health and Human Services.

The Lawsuit

Here, the plaintiffs challenged the Obama Administration's contraceptive mandate, which was still in place in 2018 because the Trump Administration's changes had been enjoined. The private plaintiffs—two self-employed Christian individuals and their spouses—alleged that the contraceptive mandate violated the RFRA because it required them to either buy insurance that contained contraception coverage, which contradicted their religious beliefs, or to not buy insurance at all. They argued that having to subsidize others' contraception burdened their religious exercise and was not justified by a compelling government interest. The plaintiffs sought to certify a class of "all religious believers in the United States who object to abortifacient contraception and sexual activity outside of marriage on religious grounds."

The other plaintiff, the Health and Wellness Center, was a for-profit Christian-owned business. The Center argued that the mandate required it to either cover contraception or, by claiming an exemption and having the issuer cover it, become complicit in providing contraception. It alleged that this violated the RFRA by burdening its religious beliefs. This plaintiff sought to certify a class of "all closely held for-profit corporations in the United States that oppose the Contraceptive Mandate for sincere religious reasons."

On October 10, 2018, the case was reassigned to Judge John McBryde after Judge Means took senior status. The following day, Judge McBryde recused himself for reasons unknown to the Clearinghouse, and the case was reassigned to Judge Reed C. O'Connor. A few months later, the case was stayed from January 10 to February 7 due to the government shutdown.

The plaintiffs filed an amended complaint on February 5, 2019 to replace the health center plaintiff with its management company, Braidwood Management. They also redefined the two classes as: 

Objecting Individuals Class: All current and future individuals in the US who: (1) object to coverage or payments for some or all contraceptive services based on sincerely held religious beliefs; and (2) would be willing to purchase or obtain health insurance that excludes coverage or payments for some or all contraceptive services from a health insurance issuer, or from a plan sponsor of a group plan, who is willing to offer a separate benefit package option, or a separate policy, certificate, or contract of insurance that excludes coverage or payments for some or all contraceptive services. 

Objecting Employers Class: Every current and future employer in the US that objects, based on its sincerely held religious beliefs, to establishing, maintaining, providing, offering, or arranging for: (I) coverage or payments for some or all contraceptive services; or (ii) a plan, issuer, or third-party administrator that provides or arranges for such coverage or payments. 

On the same day, the plaintiffs moved for class certification and a preliminary injunction. Braidwood alleged that injunctive relief was urgently needed because it had eliminated contraceptive coverage in December 2018—before the Trump Administration's changes were enjoined—making it liable for a daily $100 penalty per employee. Later that month, on February 20, the court granted Braidwood's unopposed motion for a temporary restraining order to shield it from the tax penalties until the court decided whether to issue a preliminary injunction. 2019 WL 3786549. 

In a March 30, 2019 order (amended the following month, on April 11), the court certified the plaintiffs' two classes. 332 F.R.D. 188. 

The plaintiffs moved for summary judgment and a permanent injunction on April 1, 2019. They argued that the defendants had already conceded that the contraceptive mandate violated the RFRA and had agreed to permanent injunctions in other similar lawsuits challenging the mandate. 

About two months later, on May 24, the state of Nevada moved to intervene, arguing that the requested injunction would harm Nevada's citizens and budget, and that the state had a sovereign interest in equitable reproductive care.

On June 5, 2019, the court granted the plaintiffs' motion for summary judgment and a permanent injunction. The court held that the mandate substantially burdened the plaintiffs' religious exercise by making them complicit in other people's contraceptive coverage. It also held that, even if the government had a compelling interest, the mandate was not the least restrictive means of vindicating that interest, as the government could instead pay directly for contraception. 393 F.Supp.3d 490. 

Subsequently, various parties filed amicus briefs supporting Nevada, including 21 states and many advocacy organizations.

A month later, on July 3, Nevada appealed the grant of summary judgment to the U.S. Court of Appeals for the Fifth Circuit, docket number 19-10754. The district court denied Nevada's motion to intervene later that month, on July 29. The court held that Nevada lacked standing because its argument that relief for the plaintiffs would impact state expenditures did not entail any concrete imminent injury. The court also declined to allow permissive intervention because Nevada had not asserted a claim or defense that overlapped with the claims in the case. 332 F.R.D. 173. About a month later, on August 27, Nevada amended its appeal to include the intervention decision as well.

The district court entered judgment in favor of the plaintiffs on July 29, 2019, enjoining the enforcement of the contraceptive mandate. 2019 WL 3786545. 

On September 27, 2019, the defendants appealed the court's injunction and grant of summary judgment, also docketed at 19-10754. However, the defendants voluntarily dismissed their appeal later that year, on December 10. Soon after, on December 24, the parties informed the district court they had settled for attorneys' fees.

The following year, on January 29, the Fifth Circuit granted the plaintiffs' motion to stay the proceeding while the U.S. Supreme Court heard Little Sisters of the Poor v. Pennsylvania, a case related to the contraceptive mandate.

The Fifth Circuit heard oral argument on April 29, 2021, and issues its opinion later that year, on December 17. The court held that the case was now moot because of the Supreme Court's ruling in Little Sisters of the Poor, where it had vacated the injunctions against the Trump Administration's changes to the contraceptive mandate, allowing them to come into effect. The Trump Administration's changes addressed these plaintiffs' challenges to the mandate, so the relief in this case was unnecessary. Nevada argued that the case was not moot because the contraceptive mandate could be changed again (by the executive branch or other litigation), but the Fifth Circuit held this was too speculative to overcome mootness. However, the court did grant Nevada's request to vacate the lower court judgment as moot (rather than just dismissing the appeal), holding that it had jurisdiction for vacatur because Nevada should have been allowed to intervene. 20 F.4th 1055. The defendants petitioned for rehearing and rehearing en banc, but the petition was denied on August 23, 2022.

On August 31, 2022, in accordance with the Fifth Circuit's directive, the district court dismissed the case as moot. The case is now closed.

Summary Authors

Rhea Sharma (1/1/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7994706/parties/deotte-v-azar/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Burnham-DOJ, James Mahoney (Texas)

Expert/Monitor/Master/Other

Arffa, Allan J (Texas)

Barrowclough, Naomi DeLeeuw (Texas)

Batchelder, Rhiannon N (Texas)

Dewar, Elizabeth N (Texas)

show all people

Documents in the Clearinghouse

Document
1

4:18-cv-00825

Plaintiffs' Class Action Complaint

Oct. 6, 2018

Oct. 6, 2018

Complaint
19

4:18-cv-00825

First Amended Complaint - Class Action

Feb. 5, 2019

Feb. 5, 2019

Complaint
29

4:18-cv-00825

Temporary Restraining Order and Scheduling Order

Feb. 20, 2019

Feb. 20, 2019

Order/Opinion

2019 WL 3786549

33

4:18-cv-00825

Order

March 30, 2019

March 30, 2019

Order/Opinion

332 F.R.D. 188

76

4:18-cv-00825

Order

June 5, 2019

June 5, 2019

Order/Opinion

393 F.Supp.3d 490

94

4:18-cv-00825

Brief of Amici Curiae the National Women's Law Center, the National Latina Institute for Reproductive Health, the National Asian Pacific American Women's Forum, Sisterlove, Inc, and 25 Others in Support of the Motion to Intervene by Nevada and in Opposition to Plaintiffs' Motion for Summary Judgment

July 9, 2019

July 9, 2019

Pleading / Motion / Brief
93

4:18-cv-00825

Brief of Massachusetts, California, Colorado, Connecticut, Delaware, The District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington as Amici Curiae Opposing Plaintiffs’ Motion for Summary Judgment and Permanent Injunction and Supporting Nevada's Motion to Intervene

July 9, 2019

July 9, 2019

Pleading / Motion / Brief
97

4:18-cv-00825

Order

July 29, 2019

July 29, 2019

Order/Opinion

332 F.R.D. 173

98

4:18-cv-00825

Final Judgment

July 29, 2019

July 29, 2019

Order/Opinion

2019 WL 3786545

19-10754

Opinion

DeOtte v. State of Nevada

U.S. Court of Appeals for the Fifth Circuit

Dec. 17, 2021

Dec. 17, 2021

Order/Opinion

20 F.4th 1055

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7994706/deotte-v-azar/

Last updated Jan. 31, 2025, 5:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Alison Kelley, Richard W. DeOtte, John Kelley, Yvette DeOtte, Hotze Health & Wellness Center. (Filing fee $400; Receipt number 0539-9499813) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Cover Sheet) (Mitchell, Jonathan) (Entered: 10/06/2018)

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8 Exhibit(s)

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10 Cover Sheet

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Oct. 6, 2018

Oct. 6, 2018

Clearinghouse
2

New Case Notes: A filing fee has been paid. File to: Judge Means. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (edm) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
3

Summons issued as to R. Alexander Acosta, Alex M. Azar, Steven T. Mnuchin, United States of America, U.S. Attorney, and U.S. Attorney General. (edm) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
4

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Richard W. DeOtte, Yvette DeOtte, Hotze Health & Wellness Center, Alison Kelley, John Kelley. (Fillmore, Charles) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
5

ORDER REASSIGNING CASE. Case reassigned to Senior Judge John McBryde for all further proceedings. Senior Judge Terry R Means no longer assigned to case. (Ordered by Senior Judge Terry R Means on 10/10/2018) (edm) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

RECAP
6

New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (edm) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
7

Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 10/10/2018) (edm) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
8

Court Request for Recusal: Senior Judge John McBryde recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Reed C. O'Connor for all further proceedings. Future filings should indicate the case number as: 4:18-cv-00825-O. (bcr) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

RECAP
9

New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (bcr) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
10

CERTIFICATE OF SERVICE by Richard W. DeOtte, Yvette DeOtte, Hotze Health & Wellness Center, Alison Kelley, John Kelley (Fillmore, H) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

PACER
11

NOTICE of Attorney Appearance by Daniel M Riess on behalf of R. Alexander Acosta, Alex M. Azar, Steven T. Mnuchin, United States of America. (Filer confirms contact info in ECF is current.) (Riess, Daniel) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

PACER
12

Unopposed Motion for Extension of Time to File Answer filed by R. Alexander Acosta, Alex M. Azar, Steven T. Mnuchin, United States of America with Brief/Memorandum in Support. (Riess, Daniel) (Entered: 12/13/2018)

Dec. 13, 2018

Dec. 13, 2018

RECAP
13

ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: The Joint Report shall be filed on or before January 18, 2019. (Ordered by Judge Reed C. O'Connor on 12/17/2018) (skg) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
14

ORDER granting 12 Defendants' Unopposed Motion for Extension of Time to Respond to Complaint. Accordingly, it is ORDERED that Defendants file a responsive pleading on or before January 25, 2019. (Ordered by Judge Reed C. O'Connor on 12/17/2018) (skg) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
15

Unopposed MOTION to Stay Proceedings in Light of Lapse of Appropriations filed by R. Alexander Acosta, Alex M. Azar, Steven T. Mnuchin, United States of America (Riess, Daniel) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER
16

ELECTRONIC ORDER granting 15 Motion to Stay. Counsel for Defendants are DIRECTED to notify the Court as soon as they are no longer prohibited or otherwise prevented from proceeding. (Ordered by Judge Reed C. O'Connor on 1/16/2019) (chmb) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
17

NOTICE of Restoration of Appropriations filed by R. Alexander Acosta, Alex M. Azar, Steven T. Mnuchin, United States of America (Riess, Daniel) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
18

MOTION Unopposed Motion to Lift Stay of Proceedings filed by Richard W. DeOtte, Yvette DeOtte, Hotze Health & Wellness Center, Alison Kelley, John Kelley (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

PACER
19

AMENDED COMPLAINT against All Defendants filed by Alison Kelley, Richard W. DeOtte, John Kelley, Yvette DeOtte, Braidwood Management Inc.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s), # 7 Exhibit(s), # 8 Exhibit(s), # 9 Exhibit(s), # 10 Exhibit(s), # 11 Exhibit(s)) (Mitchell, Jonathan) (Entered: 02/05/2019)

1 Exhibit(s)

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4 Exhibit(s)

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5 Exhibit(s)

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6 Exhibit(s)

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11 Exhibit(s)

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Feb. 5, 2019

Feb. 5, 2019

Clearinghouse
20

MOTION to Certify Class filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Brief in Support of Motion for Class Certification, # 2 Proposed Order) (Mitchell, Jonathan) (Entered: 02/05/2019)

1 Exhibit(s) Brief in Support of Motion for Class Certification

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2 Proposed Order

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Feb. 5, 2019

Feb. 5, 2019

PACER
21

MOTION FOR PRELIMINARY INJUNCTION filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Brief in Support of Motion for Preliminary Injunction, # 2 Proposed Order) (Mitchell, Jonathan) Modified title on 2/6/2019 (ctf). (Entered: 02/05/2019)

1 Exhibit(s) Brief in Support of Motion for Preliminary Injunction

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2 Proposed Order

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Feb. 5, 2019

Feb. 5, 2019

PACER
22

Appendix in Support filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley re 21 MOTION for Injunction (Preliminary), 20 MOTION to Certify Class (Mitchell, Jonathan) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

RECAP
23

ORDER: Plaintiffs' Unopposed Motion to Lift Stay of Proceedings, (ECF No. 18 ) is GRANTED. Accordingly, it is ORDERED that the temporary stay of these proceedings is lifted. (Ordered by Judge Reed C. O'Connor on 2/7/2019) (skg) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
24

ORDER: Accordingly, it is ORDERED that the Parties file a status report and proposed briefing schedules, if necessary, on or before February 14, 2019. (Ordered by Judge Reed C. O'Connor on 2/7/2019) (skg) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
25

Joint STATUS REPORT and Proposed Briefing Schedules filed by R. Alexander Acosta, Alex M. Azar, Steven T. Mnuchin, United States of America. (Riess, Daniel) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

RECAP
26

ELECTRONIC ORDER deferring ruling on 21 Motion for Injunction and extending the deadline for joint status report as requested in ECF No. 25 to February 20, 2019. (Ordered by Judge Reed C. O'Connor on 2/16/2019) (Judge Reed C. O'Connor) (Entered: 02/16/2019)

Feb. 16, 2019

Feb. 16, 2019

PACER
27

Joint STATUS REPORT and Proposed Briefing Schedule filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley. (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
28

Unopposed MOTION for Temporary Restraining Order filed by Braidwood Management Inc. (Attachments: # 1 Affidavit(s), # 2 Proposed Order) (Mitchell, Jonathan) (Entered: 02/20/2019)

1 Affidavit(s)

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2 Proposed Order

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Feb. 20, 2019

Feb. 20, 2019

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29

ORDER granting 28 Motion for TRO and setting briefing schedule. See order for details. (Ordered by Judge Reed C. O'Connor on 2/20/2019) (chmb) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

Clearinghouse
30

RESPONSE AND OBJECTION filed by R. Alexander Acosta, Alex M. Azar, Steven T. Mnuchin, United States of America re: 20 MOTION to Certify Class (Riess, Daniel) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

RECAP
31

REPLY filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley re: 20 MOTION to Certify Class (Mitchell, Jonathan) (Entered: 03/15/2019)

March 15, 2019

March 15, 2019

PACER
32

Appendix in Support filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley re 31 Reply (Mitchell, Jonathan) (Entered: 03/16/2019)

March 16, 2019

March 16, 2019

PACER
33

ORDER granting 20 Motion to Certify Class. See Order for details. (Ordered by Judge Reed C. O'Connor on 3/30/2019) (chmb) (Entered: 03/30/2019)

March 30, 2019

March 30, 2019

Clearinghouse
34

MOTION for Summary Judgment, MOTION for Injunction () filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley (Mitchell, Jonathan) (Entered: 04/01/2019)

April 1, 2019

April 1, 2019

RECAP
35

Joint STATUS REPORT and Proposed Briefing Schedule filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley. (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 04/05/2019)

1 Proposed Order

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April 5, 2019

April 5, 2019

RECAP
36

Unopposed MOTION to Amend/Correct 33 Order on Motion to Certify Class filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 04/09/2019)

1 Proposed Order

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April 9, 2019

April 9, 2019

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37

ORDER AMENDING CLASS-CERTIFICATION ORDER AND SETTING BRIEFING SCHEDULE: In their Joint Status Report, ECF No. 35, the Parties agree to and propose the following briefing schedule and treatment of the issues, which the Court adopts: Defendants are ORDERED to respond to Plaintiffs' motion for summary judgment and permanent injunction on or before Monday, April 15, 2019. Plaintiffs are ORDERED to reply on or before Friday, April 19, 2019. (Ordered by Judge Reed C. O'Connor on 4/11/2019) (skg) (Entered: 04/11/2019)

April 11, 2019

April 11, 2019

RECAP
38

RESPONSE filed by R. Alexander Acosta, Alex M. Azar, Steven T. Mnuchin, United States of America re: 34 MOTION for Summary Judgment MOTION for Injunction (Riess, Daniel) (Entered: 04/15/2019)

April 15, 2019

April 15, 2019

RECAP
39

REPLY filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley re: 34 MOTION for Summary Judgment MOTION for Injunction (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 04/19/2019)

1 Proposed Order

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April 19, 2019

April 19, 2019

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40

NOTICE of defendants' intention not to file a sur-reply filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley (Mitchell, Jonathan) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
41

ORDER: Pending is Plaintiffs' Motion for Summary Judgment, ECF No. 34 . The Court sets this matter for a hearing on Monday, May 20, 2019, at 2:00 p.m. in the Second Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. (Ordered by Judge Reed C. O'Connor on 5/9/2019) (skg) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

RECAP
42

Unopposed MOTION to Continue May 20 Hearing filed by R. Alexander Acosta, Alex M. Azar, Steven T. Mnuchin, United States of America (Riess, Daniel) (Entered: 05/13/2019)

May 13, 2019

May 13, 2019

RECAP
43

ORDER granting 42 Motion to Continue Hearing. Motion Hearing continued to 5/29/2019 09:00 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (Ordered by Judge Reed C. O'Connor on 5/15/2019) (trt) (Entered: 05/15/2019)

May 15, 2019

May 15, 2019

RECAP
44

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10001697) filed by Service Employees International Union, If/When/How: Lawyering for Reproductive Justice, Lawyers Club of San Diego, National Association of Social Workers. Party Service Employees International Union; If/When/How: Lawyering for Reproductive Justice; Lawyers Club of San Diego; National Association of Social Workers; and additional professional, labor, and student organizations added.Attorney Jamie A Levitt added to party Service Employees International Union(pty:am), Attorney Jamie A Levitt added to party If/When/How: Lawyering for Reproductive Justice(pty:am), Attorney Jamie A Levitt added to party Lawyers Club of San Diego(pty:am), Attorney Jamie A Levitt added to party National Association of Social Workers(pty:am) (Levitt, Jamie) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

RECAP
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Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10001756) filed by If/When/How: Lawyering for Reproductive Justice, Lawyers Club of San Diego, National Association of Social Workers, Service Employees International Union. Party Service Employees International Union; If/When/How: Lawyering for Reproductive Justice; Lawyers Club of San Diego; National Association of Social Workers; and additional professional, labor, and student organizations added.Attorney Rhiannon N Batchelder added to party If/When/How: Lawyering for Reproductive Justice(pty:am), Attorney Rhiannon N Batchelder added to party Lawyers Club of San Diego(pty:am), Attorney Rhiannon N Batchelder added to party National Association of Social Workers(pty:am), Attorney Rhiannon N Batchelder added to party Service Employees International Union(pty:am) (Batchelder, Rhiannon) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
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NOTICE of Attorney Appearance by Charles S Siegel on behalf of Planned Parenthood Federation of America, The National Health Law Program, The National Family Planning and Reproductive Health Association. (Filer confirms contact info in ECF is current.). Party Planned Parenthood Federation of America, The National Health Law Program, and The National Family Planning and Reproductive Health Association added. (Siegel, Charles) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
47

NOTICE of Attorney Appearance by James Mahoney Burnham-DOJ on behalf of R. Alexander Acosta, Alex M. Azar, Steven T. Mnuchin, United States of America. (Filer confirms contact info in ECF is current.) (Burnham-DOJ, James) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
48

NOTICE of Attorney Appearance by Kenneth D Upton, Jr on behalf of American Sexual Health Association, Americans United for Separation of Church and State, The Center on Reproductive Rights and Justice, The Desiree Alliance, Equal Rights Advocates, Gender Justice, In Our Own Voice: National Black Women's Reproductive Justice Agenda, Jobs With Justice Education Fund, NARAL Pro-Choice America, National Asian Pacific American Women's Forum, National Center for Law and Economic Justice, National Center for Transgender Equality, National Institute for Reproductive Health, National Latina Institute for Reproductive Health, National LGBTQ Task Force, National Network to End Domestic Violence, National Partnership for Women & Families, National Women's Health Network, National Women's Law Center, Oklahoma Call for Reproductive Justice, Raising Women's Voices for the Health Care We Need, Reproductive Health Access Project, Sexuality Information and Education Council of the United States, SisterLove, Inc., SisterReach, URGE: Unite for Reproductive & Gender Equity, Women's Institute for Freedom of the Press, Women's Rights and Empowerment Network, National Organization for Women Foundation. (Filer will update contact info in ECF.). Party Amici curiae American Sexual Health Association, Americans United for Separation of Church and State, The Center on Reproductive Rights and Justice, The Desiree Alliance, Equal Rights Advocates, Gender Justice, In Our Own Voice: National Black Womens Reproductive Justice Agenda, Jobs With Justice Education Fund, NARAL Pro-Choice America, National Asian Pacific American Womens Forum, National Center for Law and Economic Justice, National Center for Transgender Equality, National Institute for Reproductive Health, National Latina Institute for Reproductive Health, National LGBTQ Task Force, National Network to End Domestic Violence, National Organization for Women Foundation, National Partnership for Women & Families, National Women's Health Network, National Womens Law Center, Oklahoma Call for Reproductive Justice, Raising Women's Voices for the Health Care We Need, Reproductive Health Access Project, Sexuality Information and Education Council of the United States, SisterLove, Inc., SisterReach, URGE: Unite for Reproductive & Gender Equity, Women's Institute for Freedom of the Press, and Womens Rights and Empowerment Network added. (Upton, Kenneth) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
49

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10009368) filed by Planned Parenthood Federation of America, The National Family Planning and Reproductive Health Association, The National Health Law Program Attorney Allan J Arffa added to party Planned Parenthood Federation of America(pty:am), Attorney Allan J Arffa added to party The National Family Planning and Reproductive Health Association(pty:am), Attorney Allan J Arffa added to party The National Health Law Program(pty:am) (Arffa, Allan) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
50

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10009331) filed by American Sexual Health Association, Americans United for Separation of Church and State, Equal Rights Advocates, Gender Justice, In Our Own Voice: National Black Women's Reproductive Justice Agenda, Jobs With Justice Education Fund, NARAL Pro-Choice America, National Asian Pacific American Women's Forum, National Center for Law and Economic Justice, National Center for Transgender Equality, National Institute for Reproductive Health, National LGBTQ Task Force, National Latina Institute for Reproductive Health, National Network to End Domestic Violence, National Organization for Women Foundation, National Partnership for Women & Families, National Women's Health Network, National Women's Law Center, Oklahoma Call for Reproductive Justice, Raising Women's Voices for the Health Care We Need, Reproductive Health Access Project, Sexuality Information and Education Council of the United States, SisterLove, Inc., SisterReach, The Center on Reproductive Rights and Justice, The Desiree Alliance, URGE: Unite for Reproductive & Gender Equity, Women's Institute for Freedom of the Press, Women's Rights and Empowerment Network (Attachments: # 1 Proposed Order)Attorney Naomi DeLeeuw Barrowclough added to party American Sexual Health Association(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party Americans United for Separation of Church and State(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party Equal Rights Advocates(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party Gender Justice(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party In Our Own Voice: National Black Women's Reproductive Justice Agenda(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party Jobs With Justice Education Fund(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party NARAL Pro-Choice America(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party National Asian Pacific American Women's Forum(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party National Center for Law and Economic Justice(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party National Center for Transgender Equality(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party National Institute for Reproductive Health(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party National LGBTQ Task Force(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party National Latina Institute for Reproductive Health(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party National Network to End Domestic Violence(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party National Organization for Women Foundation(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party National Partnership for Women & Families(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party National Women's Health Network(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party National Women's Law Center(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party Oklahoma Call for Reproductive Justice(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party Raising Women's Voices for the Health Care We Need(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party Reproductive Health Access Project(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party Sexuality Information and Education Council of the United States(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party SisterLove, Inc.(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party SisterReach(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party The Center on Reproductive Rights and Justice(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party The Desiree Alliance(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party URGE: Unite for Reproductive & Gender Equity(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party Women's Institute for Freedom of the Press(pty:am), Attorney Naomi DeLeeuw Barrowclough added to party Women's Rights and Empowerment Network(pty:am) (Barrowclough, Naomi) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
51

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10009411) filed by Planned Parenthood Federation of America, The National Family Planning and Reproductive Health Association, The National Health Law Program Attorney Crystal Johnson added to party Planned Parenthood Federation of America(pty:am), Attorney Crystal Johnson added to party The National Family Planning and Reproductive Health Association(pty:am), Attorney Crystal Johnson added to party The National Health Law Program(pty:am) (Johnson, Crystal) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
52

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10009426) filed by Planned Parenthood Federation of America, The National Family Planning and Reproductive Health Association, The National Health Law Program Attorney Sierra A Y Robart added to party Planned Parenthood Federation of America(pty:am), Attorney Sierra A Y Robart added to party The National Family Planning and Reproductive Health Association(pty:am), Attorney Sierra A Y Robart added to party The National Health Law Program(pty:am) (Robart, Sierra) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
53

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10009464) filed by Planned Parenthood Federation of America, The National Family Planning and Reproductive Health Association, The National Health Law Program Attorney Jessica B Fuhrman added to party Planned Parenthood Federation of America(pty:am), Attorney Jessica B Fuhrman added to party The National Family Planning and Reproductive Health Association(pty:am), Attorney Jessica B Fuhrman added to party The National Health Law Program(pty:am) (Fuhrman, Jessica) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
54

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10009478) filed by Planned Parenthood Federation of America, The National Family Planning and Reproductive Health Association, The National Health Law Program Attorney Melina M Meneguin Layerenza added to party Planned Parenthood Federation of America(pty:am), Attorney Melina M Meneguin Layerenza added to party The National Family Planning and Reproductive Health Association(pty:am), Attorney Melina M Meneguin Layerenza added to party The National Health Law Program(pty:am) (Meneguin Layerenza, Melina) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
55

NOTICE of [Proposed] Order for Admission Pro Hac Vice re: 44 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10001697) filed by If/When/How: Lawyering for Reproductive Justice, Lawyers Club of San Diego, National Association of Social Workers, Service Employees International Union (Levitt, Jamie) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
56

NOTICE of [Proposed] Order for Admission Pro Hac Vice re: 45 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10001756) filed by If/When/How: Lawyering for Reproductive Justice, Lawyers Club of San Diego, National Association of Social Workers, Service Employees International Union (Batchelder, Rhiannon) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
57

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10010180) filed by Commonwealth of Massachusetts et al. (Attachments: # 1 Proposed Order). Party Massachusetts, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington added.Attorney Elizabeth N Dewar added to party Commonwealth of Massachusetts et al.(pty:am) (Dewar, Elizabeth) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
58

MOTION for Leave to File Amicus Curiae Brief in Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction filed by Planned Parenthood Federation of America, The National Family Planning and Reproductive Health Association, The National Health Law Program with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Siegel, Charles) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
59

MOTION Leave to Appear Without Local Counsel filed by Commonwealth of Massachusetts et al. with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Dewar, Elizabeth) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
60

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-10010698) filed by State of Nevada with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order). Party State of Nevada added.Attorney Craig Newby added to party State of Nevada(pty:intvd) (Newby, Craig) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
61

Application for Admission Pro Hac Vice with Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by State of Nevada with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order)Attorney Heidi Parry Stern added to party State of Nevada(pty:intvd) (Stern, Heidi) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
62

MOTION to Intervene filed by State of Nevada with Brief/Memorandum in Support. (Attachments: # 1 Brief in Support of Motion to Intervene by the State of Nevada, # 2 Exhibit(s) Appendix in Support of Brief in Support of Motion to Intervene, # 3 Proposed Order In Support of Motion to Intervene) (Newby, Craig) (Entered: 05/24/2019)

1 Brief in Support of Motion to Intervene by the State of Nevada

View on RECAP

2 Exhibit(s) Appendix in Support of Brief in Support of Motion to Intervene

View on RECAP

3 Proposed Order In Support of Motion to Intervene

View on RECAP

May 24, 2019

May 24, 2019

RECAP
63

MOTION for Leave to File Amicus Brief of Massachusetts et al. filed by Commonwealth of Massachusetts, State of California, State of Colorado, State of Connecticut, State of Delaware, District of Columbia, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, Commonwealth of Pennsylvania, State of Rhode Island, State of Vermont, Commonwealth of Virginia, State of Washington with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Proposed Amicus Brief, # 2 Proposed Order). Party Massachusetts, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington added.Attorney Elizabeth N Dewar added to party Commonwealth of Massachusetts(pty:am), Attorney Elizabeth N Dewar added to party State of California(pty:am), Attorney Elizabeth N Dewar added to party State of Colorado(pty:am), Attorney Elizabeth N Dewar added to party State of Connecticut(pty:am), Attorney Elizabeth N Dewar added to party State of Delaware(pty:am), Attorney Elizabeth N Dewar added to party District of Columbia(pty:am), Attorney Elizabeth N Dewar added to party State of Hawaii(pty:am), Attorney Elizabeth N Dewar added to party State of Illinois(pty:am), Attorney Elizabeth N Dewar added to party State of Maine(pty:am), Attorney Elizabeth N Dewar added to party State of Maryland(pty:am), Attorney Elizabeth N Dewar added to party State of Michigan(pty:am), Attorney Elizabeth N Dewar added to party State of Minnesota(pty:am), Attorney Elizabeth N Dewar added to party State of New Jersey(pty:am), Attorney Elizabeth N Dewar added to party State of New Mexico(pty:am), Attorney Elizabeth N Dewar added to party State of New York(pty:am), Attorney Elizabeth N Dewar added to party State of North Carolina(pty:am), Attorney Elizabeth N Dewar added to party State of Oregon(pty:am), Attorney Elizabeth N Dewar added to party Commonwealth of Pennsylvania(pty:am), Attorney Elizabeth N Dewar added to party State of Rhode Island(pty:am), Attorney Elizabeth N Dewar added to party State of Vermont(pty:am), Attorney Elizabeth N Dewar added to party Commonwealth of Virginia(pty:am), Attorney Elizabeth N Dewar added to party State of Washington(pty:am) (Dewar, Elizabeth) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
64

MOTION Waive Local Rule 83.10(a)'s Local Counsel Requirement filed by If/When/How: Lawyering for Reproductive Justice, Lawyers Club of San Diego, National Association of Social Workers, Service Employees International Union, American Association Of University Women (Attachments: # 1 Proposed Order). Party American Association Of University Women added.Attorney Jamie A Levitt added to party American Association Of University Women(pty:am) (Levitt, Jamie) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
65

MOTION for Leave to File Brief of Amici Curiae The National Women's Law Center, et al. filed by American Sexual Health Association, Americans United for Separation of Church and State, Equal Rights Advocates, Gender Justice, In Our Own Voice: National Black Women's Reproductive Justice Agenda, Jobs With Justice Education Fund, NARAL Pro-Choice America, National Asian Pacific American Women's Forum, National Center for Law and Economic Justice, National Center for Transgender Equality, National Institute for Reproductive Health, National LGBTQ Task Force, National Latina Institute for Reproductive Health, National Network to End Domestic Violence, National Organization for Women Foundation, National Partnership for Women & Families, National Women's Health Network, National Women's Law Center, Oklahoma Call for Reproductive Justice, Raising Women's Voices for the Health Care We Need, Reproductive Health Access Project, Sexuality Information and Education Council of the United States, SisterLove, Inc., SisterReach, The Center on Reproductive Rights and Justice, The Desiree Alliance, URGE: Unite for Reproductive & Gender Equity, Women's Institute for Freedom of the Press, Women's Rights and Empowerment Network with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Proposed Amicus Curiae Brief, # 2 Proposed Order) (Upton, Kenneth) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
66

MOTION for Leave to File Amicus Brief in Support of Nevada's Motion to Intervene and in Opposition to Plaintiff's Motion for Summary Judgment filed by American Association Of University Women, If/When/How: Lawyering for Reproductive Justice, Lawyers Club of San Diego, National Association of Social Workers, Service Employees International Union, American Federation of Teachers, Girls Inc., California Women Lawyers, Women Lawyers' Association of Los Angeles, Women Lawyers on Guard Inc., Women's Bar Association of the District of Columbia, Women's Bar Association of Massachusetts with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) A: Proposed Amicus Brief, # 2 Proposed Order). Party American Federation of Teachers; Girls Inc.; California Women Lawyers; Women Lawyers' Association of Los Angeles; Women Lawyers on Guard; Women's Bar Association of the District of Columbia; Women's Bar Association of Massachusetts added.Attorney Jamie A Levitt added to party American Federation of Teachers(pty:am), Attorney Jamie A Levitt added to party Girls Inc.(pty:am), Attorney Jamie A Levitt added to party California Women Lawyers(pty:am), Attorney Jamie A Levitt added to party Women Lawyers' Association of Los Angeles(pty:am), Attorney Jamie A Levitt added to party Women Lawyers on Guard Inc.(pty:am), Attorney Jamie A Levitt added to party Women's Bar Association of the District of Columbia(pty:am), Attorney Jamie A Levitt added to party Women's Bar Association of Massachusetts(pty:am) (Levitt, Jamie) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
67

ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O'Connor: Motion Hearing held on 5/29/2019. Attorney Appearances: Plaintiff - Jonathan Mitchell; Defense - James Burnham. (Court Reporter: Denver Roden) (No exhibits) Time in Court - :50. (chmb) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
68

ELECTRONIC ORDER granting 44 Application for Admission Pro Hac Vice of Jamie A Levitt. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 5/31/2019) (chmb) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
69

ELECTRONIC ORDER granting 45 Application for Admission Pro Hac Vice of Rhiannon N Batchelder. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 5/31/2019) (chmb) (Entered: 05/31/2019)

May 31, 2019

May 31, 2019

PACER
70

ELECTRONIC ORDER granting 49 Application for Admission Pro Hac Vice of Allan J Arffa. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 6/3/2019) (chmb) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER
71

ELECTRONIC ORDER granting 50 Application for Admission Pro Hac Vice of Naomi DeLeeuw Barrowclough. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 6/5/2019) (chmb) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
72

ELECTRONIC ORDER granting 51 Application for Admission Pro Hac Vice of Crystal Johnson. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 6/5/2019) (chmb) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
73

ELECTRONIC ORDER granting 52 Application for Admission Pro Hac Vice of Sierra A Y Robart. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 6/5/2019) (chmb) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
74

ELECTRONIC ORDER granting 53 Application for Admission Pro Hac Vice of Jessica B Fuhrman. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 6/5/2019) (chmb) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
75

ELECTRONIC ORDER granting 54 Application for Admission Pro Hac Vice of Melina M Meneguin Layerenza. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 6/5/2019) (chmb) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
76

ORDER granting 34 Motion for Summary Judgment; granting 34 Motion for Injunction (Ordered by Judge Reed C. O'Connor on 6/5/2019) (Judge Reed C. O'Connor) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

Clearinghouse
77

RESPONSE filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley re: 62 MOTION to Intervene (Mitchell, Jonathan) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

RECAP
78

RESPONSE filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley re: 66 MOTION for Leave to File Amicus Brief in Support of Nevada's Motion to Intervene and in Opposition to Plaintiff's Motion for Summary Judgment, 65 MOTION for Leave to File Brief of Amici Curiae The National Women's Law Center, et al., 63 MOTION for Leave to File Amicus Brief of Massachusetts et al., 58 MOTION for Leave to File Amicus Curiae Brief in Opposition to Plaintiffs' Motion for Summary Judgment and Permanent Injunction (Mitchell, Jonathan) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

RECAP
79

MOTION for Entry of Judgment on a Separate Document filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Mitchell, Jonathan) (Entered: 06/18/2019)

1 Exhibit(s)

View on PACER

2 Proposed Order

View on PACER

June 18, 2019

June 18, 2019

RECAP
80

Joint MOTION for Extension of Time to File Application for Costs and Attorneys' Fees filed by Braidwood Management Inc., Richard W. DeOtte, Yvette DeOtte, Alison Kelley, John Kelley (Attachments: # 1 Proposed Order) (Mitchell, Jonathan) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
81

Notice of Filing of Official Electronic Transcript of Motions Hearing Proceedings held on 05-29-2019 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RMR, RPR, Telephone number 214-753-2298. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (37 pages) Redaction Request due 7/16/2019. Redacted Transcript Deadline set for 7/26/2019. Release of Transcript Restriction set for 9/23/2019. (dbr) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
82

REPLY filed by State of Nevada re: 62 MOTION to Intervene (Newby, Craig) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
83

NOTICE OF INTERLOCUTORY APPEAL as to 76 Order on Motion for Summary Judgment, Order on Motion for Injunction to the Fifth Circuit by State of Nevada. Filing fee $505, receipt number 0539-10094818. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Newby, Craig) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

RECAP
84

ELECTRONIC ORDER granting 57 Application for Admission Pro Hac Vice of Elizabeth N. Dewar. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 7/9/2019) (chmb) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
85

ELECTRONIC ORDER granting 59 Motion for Leave to Appear Without Local Counsel. (Ordered by Judge Reed C. O'Connor on 7/9/2019) (chmb) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
86

ELECTRONIC ORDER granting 60 Application for Admission Pro Hac Vice of Craig A. Newby. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 7/9/2019) (chmb) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
87

ELECTRONIC ORDER granting 61 Application for Admission Pro Hac Vice of Heidi Parry Stern. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C. O'Connor on 7/9/2019) (chmb) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
88

ELECTRONIC ORDER granting 63 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Reed C. O'Connor on 7/9/2019) (chmb) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
89

ELECTRONIC ORDER granting 64 Motion to Waive Local Counsel Requirement. (Ordered by Judge Reed C. O'Connor on 7/9/2019) (chmb) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
90

ELECTRONIC ORDER granting 65 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Reed C. O'Connor on 7/9/2019) (chmb) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
91

ELECTRONIC ORDER granting 66 Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Reed C. O'Connor on 7/9/2019) (chmb) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
92

ELECTRONIC ORDER finding as moot 58 Motion for Leave to File (see Order, ECF No. 76). (Ordered by Judge Reed C. O'Connor on 7/9/2019) (chmb) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
93

Brief Opposing 34 Motion for Summary Judgment and Permanent Injunction and Supporting 62 Nevada's Motion to Intervene filed by Commonwealth of Massachusetts, Commonwealth of Pennsylvania, District of Columbia, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Jersey, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington. (edm) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

Clearinghouse
94

Brief of Amici Curiae in Support of the Motion to Intervene by Nevada and in Opposition to plaintiffs' Motion for Summary Judgment filed by National Asian Pacific American Women's Forum, National Latina Institute for Reproductive Health, National Women's Law Center, SisterLove, Inc.. (edm) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

Clearinghouse
95

Brief in Support of Nevada's Motion to Intervene and in Opposition to Plaintiff's Motion for Summary Judgment filed by American Association Of University Women, Service Employees International Union. (edm) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

RECAP
96

Received letter from United States Court of Appeals Fifth Circuit re: No. 19-10754. We have docketed the appeal and ask you to use the case number above in future inquiries. (tle) (Entered: 07/16/2019)

July 15, 2019

July 15, 2019

PACER

USCA Case Number 19-10754 in United States Court of Appeals Fifth Circuit for 83 Notice of Appeal, filed by State of Nevada. (tle)

July 16, 2019

July 16, 2019

PACER

USCA Case Number

July 16, 2019

July 16, 2019

PACER
97

ORDER: Having considered the motion, briefing, record, and applicable law, and for the reasons that follow, the Court DENIES the State of Nevada's Motion to Intervene (ECF No. 62 ). (Ordered by Judge Reed C. O'Connor on 7/29/2019) (chmb) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

Clearinghouse
98

JUDGMENT in favor of Braidwood Management Inc., Alison Kelley, John Kelley, Richard W. DeOtte, Yvette DeOtte against United States of America, Alex M. Azar, Patrick Pizzella, Acting Secretary of Labor in place of R. Alexander Acosta and Steven T. Mnuchin. (Ordered by Judge Reed C. O'Connor on 7/29/2019) (chmb) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

Clearinghouse

Case Details

State / Territory: Texas

Case Type(s):

Healthcare Access and Reproductive Issues

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 6, 2018

Closing Date: Aug. 31, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of individuals who object to coverage or payments for some or all contraceptive services based on sincerely held religious beliefs; and a class of employers that object, based on their sincerely held religious beliefs, to arranging for coverage or payments for contraceptive services.

Plaintiff Type(s):

Private Plaintiff

Closely-held (for profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Secretary of Health and Human Services (- United States (national) -), Federal

U.S. Secretary of Labor (- United States (national) -), Federal

U.S. Secretary of the Treasury (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2019 - 2022

Issues

Discrimination Basis:

Religion discrimination

Affected Religion(s):

Christianity

Reproductive rights:

Contraception

Reproductive health care (including birth control, abortion, and others)